scholarly works
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Item The status of local purchasing order in a contract of sale of goods: a critique of the rights-based approach in Abba v. Shell petroleum development company of Nigeria limited(Faculty of Law, Redeemer's University, Ede, Nigeria, 2022) Osuntogun, J. A.; Anifalaje, K.This paper examined the judgment of the Supreme Court of Nigeria in Abba v. Shell Petroleum Development Company of Nigeria Limited on the status of Local Purchase Order (LPO) in a contract of sale of goods. Contrary to the general rule in most countries of the world, including the United States of America and Uganda, that the LPO constitutes an offer in the law of contract, the Supreme Court held that it was an invitation to treat which is not enforceable in law. Consequently, this paper subjects this decision into a critical examination with a view to determining its accuracy. For this purpose, it interrogates the role of offer and acceptance and in particular the invitation to treat in the formation of the contract of sale of goods. It also discusses the question of what time it could be said that parties have entered into a contract of sale of goods. It interrogates the legal Status of the LPO in commercial transactions and how the status might affect the result of the application of offer and acceptance in a contract, particularly the contract of sale of goods. It concludes that, although the decision in Abba's case cannot be reconciled with similar decisions not only in Nigeria but also globally, it can be justified using the rights-based approach.Item Legal and contemporary issues on covid-19 in Nigeria(2021) Olatunbosun, A. I.; Bamgbose, O. A.; Akintola, S. O.; Onakoya, O. O.; Lokulo-Sodipe, J.; Olomola, O.; Tafita, F.; Olaniyan, K. O.; Adewumi, A. A.; Byron, I. P.; Ochei, B. O.; Gbadegesin, O. A.The effect of the Covid-19 pandemic outbreak on the legal landscape in Nigeria is diverse and multifaceted. Its effect has gone way beyond every conceivable outcome and has affected not only the health of the individuals in any given community and the health sector, but movement, travel, social interactions. businesses, and the day-lo-day lives of the Nigerian people. Adopting the sociological jurisprudence school of legal theory which recognizes the relationship betwixt and among law. society. technology. and accepted social culture, this paper charts the effect of Covid-19 on identified Segments of the legal landscape and the society viz: health. labor. tourism, criminal law. And procedure. family law. as presented by legal scholars in various legal subfields. A holistic approach lo resolving the legal issues brought about by covid-19 is recommended as the best foot forward such as; respecting the basic human rights of citizens would ensure that the vulnerable can access medical care: health data accumulated based on die pandemic is managed wise/y (and no! subject lo3abtise): defaulters of Covid-19 regulations are handled in a manner that reflects respect for die rule of law and due process: medical waste management is handled in such a way that it does not affect the community and result in die spread of disease, inter alia.Item The incessant cases of pedophilia in Nigeria: law to the rescue?(Faculty of Law, Redeemer's University, Ede, Nigeria., 2022) Onakoya, O.O.; Folaranmi, Y. A.In the last decade, statistics have shown that sexual offences are on the increase. However, one of such offences generating serious concern in Nigeria and other parts of Africa is the unusual sexual interactions between a male adult and the girl child. Sometimes, this act occurs between biologically related persons, for example, between a father and his girl child. This social behaviour is clearly differentiated from other sexual offenses, such as rape, indecent assault on females, defilement, and other acts classified as unnatural offences which are expressly provided for in both the Criminal Code Act and Penal Code Law. Until the last two decades, adult sexual disorder which consists of adult's desire for sexual gratification through child molestation, particularly among prepubescent children was not prevalent. This paper seeks to examine the factors responsible for the frequency of pedophilia in Nigeria, its effects on society, and the adequacy of law or otherwise to curb the menace. The possibility of using other instruments for the total eradication of the act or such that will deter persons with such traits outside the legal instrument will be considered. This work will make recommendations that seek to either totally eradicate the practice or reduce its incidence.Item Corporate rescue as sustainable mechanism for strengthening companies in Nigeria?(2022) Onakoya, O. O.Company, upon its incorporation becomes a legal personality or “legal abstraction” with powers to act for it with respect to formation of contract, right to sue and be sued (a juristic personality), right to own properties (real properties and chattels) among others. However, the characteristic that distinguishes companies from other forms of business organization is that aside from the companies being different from its members, it has the capacity for perpetual existence. The exit of its members will not necessarily ‘terminates’ the life of the company, since at best such member reserves the right of transfer his/her shares. This legal attribute of a company has however not been true of many companies that found themselves in the “murky waters” of bankruptcy and may therefore have to go through the winding up process, which usually ultimately “terminates” the life of such companies. However, with the dwindling fortunes of companies in the 21st century, and many having to wind up’ business activities as a result of insolvency, it becomes imperative that attempts be made to rescue the company from ‘dying’ rather than wait to give same ‘decent burial’ by way of liquidation and winding up process. This new concept is referred to as “Corporate Rescue”Item E-contracts in Nigeria, legal issues, challenges and prospects(Department of Business Law, Obafemi Awolowo University, lle-ife, Osun State, Nigeria., 2021-11) Onakoya, O. O.Trade and trading activities in the 21st Century have taken a new trend. Unlike in the early centuries, commercial transactions are now carried out with much ease given the technological advancement. This technological advancement has given rise to what is known as electronic contract (e-contract). This term is sometimes used inter-changeably with e-commerce. Nigeria as a nation is not left out of the aforesaid development, hence Nigerian economic space does not only recognise e-contract but also encourages its growth within the environmental sphere of the available infrastructural facilities. E-Contractor e-Commerce is defined as the practice of buying and selling of goods and Services through online consumer Services on the internet. This usually involves online advertisement, negotiation, contractual agreement, payment (fintech) and delivery of goods and Services. However, this kind of contractual relationship is not without its challenges, particularly in Nigeria which records deficit in the area of Provision of infrastructural facilities and enabling environment (a good example is the erratic supply of electricity and high cost of internet facilities which is an offshoot of the former) constitute hindrances to the growth of e-contract. This paper therefore examines the legal issues, challenges and prospects of e- contract in Nigeria.Item Contractual documentation in project finance and the need for connectivity(Gravitas LBR Ltd, 2021-08) Oluwasuyi, A; Onakoya, O. O.; Gbede, O.Project finance cannot be done in Isolation. It draws a series of participants to the projects and, therefore, culminates into different types of agreement reached by Investors or parties. The agreements are geared at serving series of purposes, such as bankability, risk control mechanisms, guarantees in relation to the projects, and offering a medium of privity of contract for other parties who ordinarily would not have been privy to the agreements. The parties to project finance will require that their relationship be memorialised and specified. There are series of connected agreements which will be documented and may be linked to the main financing agreement by the parties. These agreements tend to define the obligations of the participants, their roles in the venture, and the allocation of risks. The agreements which are negotiated are required, forming part of the documentation in a project finance. These agreements specify the roles of the parties and the relationship or link to the project. This article examines the roles of these agreement, clearly stating their impacts and contribution to project finance. It makes a case for the coordination of the complexities stemming from the agreements to avoid extemporaneous effects that can jeopardise the essence of a project finance scheme.Item The roles of directors in corporate governance in the 21st century Nigeria(Department of Business law, Faculty of law, University of Benin, Benin City, 2021-06) Onakoya, O. O.The Company is referred Io as a legal person distinct from the shareholders. Company have the attributes/qualities of human beings, however it has been rightly described as a legal abstraction, an artificial person who enjoys such Status as a consequence of its incorporation. A Company, though a “legal Personality" has no mind or will of its own. Its action, of a necessity must be found in some persons who are the directing mind and will of the Company. They give directives as to the day to day running of the activities of the Company. They are not in themselves the Company but they are appointed to direct the affairs of the Company. These set of people are called the Company’s directors and as a body, is usually referred to as „Board of Directors". The success or failure of a Company largely depends on its board of directors. The roles of the directors have over the years been amplified in the 21" Century, such that directors now shoulders higher responsibility, a departure from its core traditional duties and liabilities. This paper therefore examines the roles of directors in the modern day Company s management and administration and suggested ways of enhancing their impact on the sustainability of Company’s development.Item The impact of corruption on internally displaced persons in North-Eastern Nigeria(College Press, Lead City University, Ibadan, 2021-12) Onakoya, O.Nigeria, a self-acclaimed most populous country of black people in Africa is not only a heterogeneous nation with not less than 300 ethnic groups and over 500 spoken languages, bin a developing country plagued with numerous challenges. The country, in over a decade now has witnessed rise in terrorism and insurgency activities by a group known as "Boko Haram' and of recent, a "splinter” group of armed herdsmen whose activities have displaced millions of Nigerians and rendered them homeless. The geo-political entity called the Federal Republic of Nigeria is divided into six geo- political zones, but the worst-hit by the activities of the insurgents is the North Eastern Zone of the country, comprising of the following States: Adamawa, Bauchi, Borno, Gombe, Taraba and Yobe. Internally Displaced Persons (IDPs) according to the United Nations Guiding Principles on Internal Displacement, are "persons or group of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflicts, situations of generalized violence, violations of human rights or natural or human-made disasters and who have not crossed an internationally recognized state border. As citizens of Nigeria, IDPs also deserve and entitle to constitutionally recognized rights as provided for in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). However, in spite of 'no choice’ Situation the IDPs found themselves, majority of them prefer to return back to where they were displaced front, even when the Situation they fled front still persists, or cross the border of Nigeria to any other country as refugees rat her than their continued stay at their designated camps. The aforesaid is presumably borne out of challenges such as insecurity, hunger and humanitarian crisis as a whole. This work seeks to probe into the effect of corruption and corrupt practices on the plight of the IDPs in the North-Eastern Nigeria, and its attendant consequences on Nigeria and its neighbouring countries, such as Cameroon, Chad and Niger Republic.Item Cultural and legal perspectives of marital rape issues in Nigeria(Department of International Law and Jurisprudence, Faculty of Law, University of Jos, Jos, Nigeria, 2020) Ibitoye, T. R.Marital rape, also known as, Spousal Rape is a form of domestic violence, public health challenge, and human right issue which occurs whenever a husband has sex with his wife without seeking her consent. It is similar to the offence of rape with the major distinction of the existence of marriage between the parties involved. Although the offence of rape is criminalised in Nigeria, marital rape is not. The major reason for this is not far-fetched: the patriarchy cultural system practiced in Nigeria elevates a husband to the position of dominance while it robs a wife of her privacy, liberty, sexuality and renders her to become her husband’s property, thus, he can ‘lawfully’ rape her in marriage and not act illegally. Due to this, a lot of women '-suffer silently in the hands of their husbands, and some even die. Therefore, in a bid to resolve the problem of marital rape in Nigeria, this article defined some related concepts to marital rape; determined the prevalence of the latter globally; analysed the extant laws on rape and '-non-recognition of marital rape; study the patriarchy cultural system practiced in Nigeria; examined contending issues in the criminalisation/prosecution of marital rape in Nigeria; and concluded with recommendations.Item Breaches of fundamental rights in African states by state agencies during covid-19: an overview(Department of Private Law Faculty of Law, University of Maiduguri, 2020) Ibitoye, T. R.; Ilesanmi, S.Coronavirus (COVID -19) is a global pandemic that affects the respiratory system, hinders easy breathing, may lead to death, and spreads cross-geographically through drops caused by an infected person’s cough, sneeze, or spit. Consequently, it is key for individuals to have free access to the enjoyment of their fundamental human rights at all times. Also, States strive to protect human rights without acting in breach in spite of the pandemic. However, Covid-I9 has justified constraints on the enjoyment of fundamental rights, especially, the» rights to life and health as attempts are made to restrict its transmission via the implementation of quarantine or isolation laws in various jurisdictions. In curbing its spread, many countries, particularly, African states, through the instrumentalities of state agencies, deny people of their rights in so many ways. Hence, this article examines significant International, Regional, and Local Human Rights Instruments on selected five African states; and their applicable Quarantine Laws; their practical responses to Covid-19; breaches committed; and recommends how states can respect human rights during pandemic period experienced in the year 2020.